The woman, who has been living in the United States since 2011, holds BCA, MCA, PMP and SAFe certifications and is currently employed at Mark Infotech in New Jersey. Her husband works in the IT sector and has completed an SAP course. The court observed that increasing competition in the IT industry and the growing use of Artificial Intelligence (AI) could put the husband's job at risk.
A Division Bench comprising Justice Bharati Dangre and Justice Manjusha Deshpande dismissed the woman's application seeking ₹1 lakh per month as interim maintenance. The Family Court had earlier also rejected her plea for interim maintenance. However, it had directed the husband to pay ₹25,000 towards litigation expenses.
The court also noted that the couple's elder child is in the father's custody, while the younger child remains in the mother's custody.
Emphasising the financial position of both parties, the Bombay High Court questioned why a woman earning more than her husband and capable of maintaining herself should be granted interim maintenance. The bench observed that the possibility of the husband's employment coming under threat could not be ignored. It further held that the woman could not seek interim maintenance solely on the ground that she lives abroad and has higher living expenses.
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